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february 1993

Supreme Court of India · 1993-02-18

HIRALAL MOOLCHAND DOSHI vs BAROT RAMAN LAL RANCHHODAS(DEAD)BY LRS.

Citation / case number
SC 1976/60417
Court
Supreme Court of India
Petitioner
HIRALAL MOOLCHAND DOSHI
Respondent
BAROT RAMAN LAL RANCHHODAS(DEAD)BY LRS.
Author
YOGESHWAR DAYAL
Bench
YOGESHWAR DAYAL

Judgment text excerpt

The Supreme Court addressed the issue of whether a compromise decree can be considered a nullity under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically Sections 12(3)(a), 13(1)(g), and 13(2). The Court held that a compromise decree is not a nullity merely due to an error in its passing, and the executing court can permit the tenant to present fresh evidence regarding the decree's executability. The Court affirmed the lower courts' decisions that the decree was executable, emphasizing that the statutory grounds for eviction must be explicitly satisfied and cannot be inferred from the compromise terms alone.

HIRALAL MOOLCHAND DOSHI vs BAROT RAMAN LAL RANCHHODAS(DEAD)BY LRS. · Niyam